Legal Notifications; Operations

Mon, Mar 15, 2021 01:04 PM

M-C031521-01 Notice of Intended Disclosure of Protected Information

NOTICE DATE: March 15, 2021

NOTICE TYPE: M-C031521-01 Legal

SHORT DESCRIPTION: Notice of Intended Disclosure of Protected Information

INTENDED AUDIENCE:  Resource Entities and Load Serving Entities

DAY AFFECTED: March 15, 2021

LONG DESCRIPTION: ERCOT received a Civil Investigative Demand (CID) from the Office of the Attorney General of Texas (OAG) seeking information from ERCOT pursuant to Texas Business and Commerce Code § 17.61.  ERCOT intends to provide the OAG with information responsive to this request today. Some of the information ERCOT will provide constitutes Protected Information. 

Pursuant to Protocols Section 1.3.5, Notice Before Permitted Disclosure, ERCOT hereby provides notice that it intends to disclose information in the following categories of Protected Information to the OAG:

  • ERCOT’s checklists for Generation Resource weatherization spot checks conducted in 2020-21
  • Weatherization plans or emergency operations plans submitted to satisfy ERCOT’s weatherization plan submission requirement for Generation Resources subject to a spot check in 2020-21
  • Email communications concerning weatherization spot checks for Generation Resources performed from 2018 to present
  • Exceptional Fuel Costs submitted by Qualified Scheduling Entities (QSEs) for the period February 11 to 20, 2021
  • Invoices to QSEs representing Resource Entities or Load Serving Entities (LSEs) dated February 1 to March 8, 2021
  • Collateral calls issued to LSEs made from February 9 to February 23, 2021

Information provided to the OAG pursuant to the CID is subject to protections in Texas Business and Commerce Code § 17.61(f). Further, representatives of ERCOT and the OAG have signed a Memorandum of Understanding acknowledging that the confidentiality of Protected Information provided pursuant to the CID will be maintained to the extent allowed by law.

CONTACT: If you have any questions, please contact your ERCOT Account Manager. You may also call the general ERCOT Client Services phone number at (512) 248-3900 or contact ERCOT Client Services via email at

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